Crichlow v. Oliviero Construction Corp.

Background

Nathaniel A. Crichlow brought the action without a lawyer. To proceed in federal court, he had to either pay $402 in fees—a $350 filing fee and a $52 administrative fee—or submit a signed application to proceed without prepaying fees, commonly called an IFP application.

Crichlow submitted an IFP application, but the court found that his responses did not answer the questions and did not provide enough information about his sources of income or how he paid his expenses. For example, in response to a question about money in cash or bank accounts, he wrote, "I do not consent / Moorish Subject amendable to Moorish Jurisdiction[.]" The court therefore could not determine whether he had enough money to pay the fees.

Order

The court ordered Crichlow, within 30 days of the order, to do one of two things: pay the $402 in fees or submit the attached amended IFP application. If he submitted the amended application, it had to include docket number 23-CV-7948 (LTS) and address the identified deficiencies. The court stated that, if it granted the amended application, Crichlow would be allowed to proceed without prepaying the fees.

No summons would issue at that time. The court stated that the case would be processed through the Clerk’s Office if Crichlow complied, but that the action would be dismissed if he failed to comply within the allowed time. The court did not decide the underlying claims in the action.

Appeal-related ruling

The court certified that any appeal from this order would not be taken in good faith and denied permission to proceed without prepaying fees for purposes of an appeal.